Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident occurred when accused overtaking a tripper truck on a bridge - Admittedly, when it is a bridge overtaking is strictly prohibited - Since accused did not take proper care and was not supposed to overtake the vehicle on a bridge, accused rightly..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Sentence - Complainant was awarded sufficient amount under Motor Vehicles Act - Accused has no criminal antecedents - Sentence modified to fine of Rs.1000/-...........
Indian Penal Code, 1860, Section 375 -- (Prior to amendment) - Rape - Prosecutrix was more than 17 years of age at the time of incident - Prior to amendment of S.375 IPC, age of consent for the purpose of S.375 IPC was 16 years - No offence u/s 376 IPC is made out, as prosecutrix was consenting party...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix on her own accord and free will went away with accused in absence of her parents - She traveled with accused through public transport and remained with accused for a period of 40 days without raising any alarm which shows that she was a consenting party - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 376 -- Rape - Distinction between "mere breach of promise" and "giving a false promise to marry" - Only a false promise to marry made with an intention to deceive a woman would vitiate the woman's consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Indian Penal Code, 1860, Section 376(m), 201, 506(2) -- Rape - Property dispute in between two families - Accused is third generation cousin of victim - Victim stated that accused committed rape at the point of knife - However, no knife either discovered or recovered from accused or anyone else alleged to have been used at the time of commission of crime - Victim alleged..........
Criminal Procedure Code, 1973, Section 155(4) -- Offence u/ss 504 & 506 IPC - Offence u/s 506 IPC (As In U.P.) is cognizable offence - Accused can be tried for both the offence in the manner prescribed for trial of cognizable offences...........
